Site Terms and Conditions of Use
1. User's Acknowledgment and Acceptance of
Terms
goFarü ("Us" or "We") provides the eduFarü site and various
related services (collectively, the "site") to you, the user,
subject to your compliance with all the terms, conditions, and
notices contained or referenced herein (the "Terms of Use"), as
well as any other written agreement between us and you. In
addition, when using particular services or materials on this site,
users shall be subject to any posted rules applicable to such
services or materials that may contain terms and conditions in
addition to those in these Terms of Use. All such guidelines or
rules are hereby incorporated by reference into these Terms of
Use.
BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.
IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE
EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE,
OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE
ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE
PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING
COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY
UPON COMMENCEMENT OF YOUR USE OF THIS SITE.
These Terms of Use are effective as of November 15, 2010. We
expressly reserve the right to change these Terms of Use from time
to time without notice to you. You acknowledge and agree that it is
your responsibility to review this site and these Terms of Use from
time to time and to familiarize yourself with any modifications.
Your continued use of this site after such modifications will
constitute acknowledgement of the modified Terms of Use and
agreement to abide and be bound by the modified Terms of Use.
As used in these Terms of Use, references to our "Affiliates"
include our owners, subsidiaries, affiliated companies, officers,
directors, suppliers, partners, sponsors, and advertisers, and
includes (without limitation) all parties involved in creating,
producing, and/or delivering this site and/or its contents.
2. Description of Services
We make various services available on this site including, but
not limited to, Tour, Education, & Adventure Services, and
other like services. You are responsible for providing, at your own
expense, all equipment necessary to use the services, including a
computer, modem, and Internet access (including payment of all fees
associated with such access).
We reserve the sole right to either modify or discontinue the
site, including any of the site's features, at any time with or
without notice to you. We will not be liable to you or any third
party should we exercise such right. Any new features that augment
or enhance the then-current services on this site shall also be
subject to these Terms of Use.
3. Registration Data and Privacy
In order to access some of the services on this site, you will
be required to use an account and password that can be obtained by
completing our online registration form, which requests certain
information and data ("Registration Data"), and maintaining and
updating your Registration Data as required. By registering, you
agree that all information provided in the Registration Data is
true and accurate and that you will maintain and update this
information as required in order to keep it current, complete, and
accurate.
You also grant us the right to disclose to third parties certain
Registration Data about you. The information we obtain through your
use of this site, including your Registration Data, is subject to
our Privacy Policy, which is specifically incorporated
by reference into these Terms of Use.
4. Conduct on Site
Your use of the site is subject to all applicable laws and
regulations, and you are solely responsible for the substance of
your communications through the site. By posting information in or
otherwise using any communications service, chat room, message
board, newsgroup, software library, or other interactive service
that may be available to you on or through this site, you agree
that you will not upload, share, post, or otherwise distribute or
facilitate distribution of any content -- including text,
communications, software, images, sounds, data, or other
information -- that:
a. is unlawful, threatening, abusive, harassing, defamatory,
libelous, deceptive, fraudulent, invasive of another's privacy,
tortious, contains explicit or graphic descriptions or accounts of
sexual acts (including but not limited to sexual language of a
violent or threatening nature directed at another individual or
group of individuals), or otherwise violates our rules or
policies;
b. victimizes, harasses, degrades, or intimidates an individual
or group of individuals on the basis of religion, gender, sexual
orientation, race, ethnicity, age, or disability;
c. infringes on any patent, trademark, trade secret, copyright,
right of publicity, or other proprietary right of any party;
d. constitutes unauthorized or unsolicited advertising, junk or
bulk email (also known as "spamming"), chain letters, any other
form of unauthorized solicitation, or any form of lottery or
gambling;
e. contains software viruses or any other computer code, files,
or programs that are designed or intended to disrupt, damage, or
limit the functioning of any software, hardware, or
telecommunications equipment or to damage or obtain unauthorized
access to any data or other information of any third party; or
f. impersonates any person or entity, including any of our
employees or representatives.
We neither endorse nor assume any liability for the contents of
any material uploaded or submitted by third party users of the
site. We generally do not pre-screen, monitor, or edit the content
posted by users of communications services, chat rooms, message
boards, newsgroups, software libraries, or other interactive
services that may be available on or through this site. However, we
and our agents have the right at their sole discretion to remove
any content that, in our judgment, does not comply with these Terms
of Use and any other rules of user conduct for our site, or is
otherwise harmful, objectionable, or inaccurate. We are not
responsible for any failure or delay in removing such content. You
hereby consent to such removal and waive any claim against us
arising out of such removal of content. See "Use of Your Materials"
below for a description of the procedures to be followed in the
event that any party believes that content posted on this site
infringes on any patent, trademark, trade secret, copyright, right
of publicity, or other proprietary right of any party.
In addition, you may not use your account to breach security of
another account or attempt to gain unauthorized access to another
network or server. Not all areas of the site may be available to
you or other authorized users of the site. You shall not interfere
with anyone else's use and enjoyment of the site or other similar
services. Users who violate systems or network security may incur
criminal or civil liability.
You agree that we may at any time, and at our sole discretion,
terminate your membership, account, or other affiliation with our
site without prior notice to you for violating any of the above
provisions. In addition, you acknowledge that we will cooperate
fully with investigations of violations of systems or network
security at other sites, including cooperating with law enforcement
authorities in investigating suspected criminal violations.
5. Third Party Sites and Information
This site may link you to other sites on the Internet or
otherwise include references to information, documents, software,
materials and/or services provided by other parties. These sites
may contain information or material that some people may find
inappropriate or offensive. These other sites and parties are not
under our control, and you acknowledge that we are not responsible
for the accuracy, copyright compliance, legality, decency, or any
other aspect of the content of such sites, nor are we responsible
for errors or omissions in any references to other parties or their
products and services. The inclusion of such a link or reference is
provided merely as a convenience and does not imply endorsement of,
or association with, the site or party by us, or any warranty of
any kind, either express or implied.
6. Intellectual Property Information
Copyright (c) November 15, 2010 goFarü All Rights Reserved.
For purposes of these Terms of Use, "content" is defined as any
information, data, communications, software, photos, video,
graphics, music, sounds, and other material and services that can
be viewed by users on our site. This includes message boards, chat,
and other original content.
By accepting these Terms of Use, you acknowledge and agree that
all content presented to you on this site is protected by
copyrights, trademarks, service marks, patents or other proprietary
rights and laws, and is the sole property of goFarü and/or its
Affiliates. You are only permitted to use the content as expressly
authorized by us or the specific content provider. Except for a
single copy made for personal use only, you may not copy,
reproduce, modify, republish, upload, post, transmit, or distribute
any documents or information from this site in any form or by any
means without prior written permission from us or the specific
content provider, and you are solely responsible for obtaining
permission before reusing any copyrighted material that is
available on this site. Any unauthorized use of the materials
appearing on this site may violate copyright, trademark and other
applicable laws and could result in criminal or civil
penalties.
Neither we or our Affiliates warrant or represent that your use
of materials displayed on, or obtained through, this site will not
infringe the rights of third parties. See "User's Materials" below
for a description of the procedures to be followed in the event
that any party believes that content posted on this site infringes
on any patent, trademark, trade secret, copyright, right of
publicity, or other proprietary right of any party.
All custom graphics, icons, logos and service names are
registered trademarks, trademarks or service marks of goFarü or its
Affiliates. All other trademarks or service marks are property of
their respective owners. Nothing in these Terms of Use grants you
any right to use any trademark, service mark, logo, and/or the name
of goFarü or its Affiliates.
7. Unauthorized Use of Materials
Subject to our Privacy Policy, any communication or material
that you transmit to this site or to us, whether by electronic
mail, post, or other means, for any reason, will be treated as
non-confidential and non-proprietary. While you retain all rights
in such communications or material, you grant us and our agents and
affiliates a non-exclusive, paid-up, perpetual, and worldwide right
to copy, distribute, display, perform, publish, translate, adapt,
modify, and otherwise use such material for any purpose regardless
of the form or medium (now known or not currently known) in which
it is used.
Please do not submit confidential or proprietary information to
us unless we have mutually agreed in writing otherwise. We are also
unable to accept your unsolicited ideas or proposals, so please do
not submit them to us in any circumstance.
We respect the intellectual property of others, and we ask you
to do the same. If you or any user of this site believes its
copyright, trademark or other property rights have been infringed
by a posting on this site, you or the user should send notification
to our Designated Agent (as identified below) immediately. To be
effective, the notification must include:
1. Identify in sufficient detail the copyrighted work that you
believe has been infringed upon or other information sufficient to
specify the copyrighted work being infringed).
2. Identify the material that you claim is infringing the
copyrighted work listed in item #1 above.
3. Provide information reasonably sufficient to permit us to
contact you (email address is preferred).
4. Provide information, if possible, sufficient to permit us to
notify the owner/administrator of the allegedly infringing webpage
or other content (email address is preferred).
5. Include the following statement: "I have a good faith belief
that use of the copyrighted materials described above as allegedly
infringing is not authorized by the copyright owner, its agent, or
the law."
6. Include the following statement: "I swear, under penalty of
perjury, that the information in the notification is accurate and
that I am the copyright owner or am authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed."
7. Sign the paper.
8. Send the written communication to the following address:
Designated Agent for Claimed Infringement:
Contact: Mark Boesch
Address: T.G. Camella Homes Ph. 2. Blk. 9
Lot 26-27 Lawaan Talisay City, Cebu, Philippines 6045
Phone:
63.32.273.6331
You acknowledge and agree that upon receipt of a notice of a
claim of copyright infringement, we may immediately remove the
identified materials from our site without liability to you or any
other party and that the claims of the complaining party and the
party that originally posted the materials will be referred to the
Philippines Copyright Office for adjudication as provided in the
Digital Millennium Copyright Act.
8. Disclaimer of Warranties
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE
FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS
WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE
EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY
PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU
FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS
OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES,
INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE
MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND
DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT
NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE,
AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION
OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION
AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the site, you may have the opportunities to
engage in commercial transactions with other users and vendors. You
acknowledge that all transactions relating to any merchandise or
services offered by any party, including, but not limited to the
purchase terms, payment terms, warranties, guarantees, maintenance
and delivery terms relating to such transactions, are agreed to
solely between the seller or purchaser of such merchandize and
services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS
EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU
UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY
AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH
ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR
THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH
THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
Content available through this site often represents the
opinions and judgments of an information provider, site user, or
other person or entity not connected with us. We do not endorse,
nor are we responsible for the accuracy or reliability of, any
opinion, advice, or statement made by anyone other than an
authorized goFarü spokesperson speaking in his/her official
capacity. Please refer to the specific editorial policies posted on
various sections of this site for further information, which
policies are incorporated by reference into these Terms of Use.
You understand and agree that temporary interruptions of the
services available through this site may occur as normal events.
You further understand and agree that we have no control over third
party networks you may access in the course of the use of this
site, and therefore, delays and disruption of other network
transmissions are completely beyond our control.
You understand and agree that the services available on this
site are provided "AS IS" and that we assume no responsibility for
the timeliness, deletion, mis-delivery or failure to store any user
communications or personalization settings.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY
TO YOU.
9. Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR
CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER,
INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE,
DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY,
ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY
WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS
AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN
CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING
WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
10. Indemnification
Upon a request by us, you agree to defend, indemnify, and hold
us and our Affiliates harmless from all liabilities, claims, and
expenses, including attorney's fees, that arise from your use or
misuse of this site. We reserve the right, at our own expense, to
assume the exclusive defense and control of any matter otherwise
subject to indemnification by you, in which event you will
cooperate with us in asserting any available defenses.
11. Security and Password
You are solely responsible for maintaining the confidentiality
of your password and account and for any and all statements made
and acts or omissions that occur through the use of your password
and account. Therefore, you must take steps to ensure that others
do not gain access to your password and account. Our personnel will
never ask you for your password. You may not transfer or share your
account with anyone, and we reserve the right to immediately
terminate your account if you do transfer or share your
account.
12. Participation in Promotions
From time to time, this site may include advertisements offered
by third parties. You may enter into correspondence with or
participate in promotions of the advertisers showing their products
on this site. Any such correspondence or promotions, including the
delivery of and the payment for goods and services, and any other
terms, conditions, warranties or representations associated with
such correspondence or promotions, are solely between you and the
advertiser. We assume no liability, obligation or responsibility
for any part of any such correspondence or promotion.
13. E-mail, Messaging, Blogging, and Chat
Services
We may make email, messaging, blogging, or chat services
(collectively, "Communications") available to users of our site,
either directly or through a third-party provider. We make
available separate supplemental agreements characterizing the
relationship between you and us that, except where expressly noted
or contradictory, includes these Terms.
We will not inspect or disclose the contents of private
Communications except with the consent of the sender or the
recipient, or in the narrowly-defined situations provided under the
Electronic Communications Privacy Act, or as other required by law
or by court or governmental order. Further information is available
in our Privacy Policy.
We may employ automated monitoring devices or techniques to
protect our users from mass unsolicited communications (also known
as "spam") and/or other types of electronic communications that we
deem inconsistent with our business purposes. However, such devices
or techniques are not perfect, and we will not be responsible for
any legitimate communication that is blocked, or for any
unsolicited communication that is not blocked.
Mailboxes may have a limited storage capacity. If you exceed the
maximum permitted storage space, we may employ automated devices
that delete or block email messages that exceed the limit. We will
not be responsible for such deleted or blocked messages.
14. International Use
Although this site may be accessible worldwide, we make no
representation that materials on this site are appropriate or
available for use in locations outside the Philippines, and
accessing them from territories where their contents are illegal is
prohibited. Those who choose to access this site from other
locations do so on their own initiative and are responsible for
compliance with local laws. Any offer for any product, service,
and/or information made in connection with this site is void where
prohibited.
15. Termination of Use
You agree that we may, in our sole discretion, terminate or
suspend your access to all or part of the site with or without
notice and for any reason, including, without limitation, breach of
these Terms of Use. Any suspected fraudulent, abusive or illegal
activity may be grounds for terminating your relationship and may
be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons
therefore, your right to use the services available on this site
immediately ceases, and you acknowledge and agree that we may
immediately deactivate or delete your account and all related
information and files in your account and/or bar any further access
to such files or this site. We shall not be liable to you or any
third party for any claims or damages arising out of any
termination or suspension or any other actions taken by us in
connection with such termination or suspension.
16. Governing Law
This site (excluding any linked sites) is controlled by us from
our offices within the Philippines. It can be accessed from all
other countries around the world. As each of these places has laws
that may differ from those of Philippines, by accessing this site
both of us agree that the statutes and laws of the State of
Philippines, without regard to the conflicts of laws principles
thereof and the United Nations Convention on the International
Sales of Goods, will apply to all matters relating to the use of
this site and the purchase of products and services available
through this site. Each of us agrees and hereby submits to the
exclusive personal jurisdiction and venue any court of competent
jurisdiction within the Philippines with respect to such
matters.
17. Notices
All notices to a party shall be in writing and shall be made
either via email or conventional mail. Notices to us must be sent
to the attention of Customer Service at contact@edufaru.com, if by
email, or at goFarü T.G. Camella Homes Ph. 2 Blk. 19 Lot 26-27
Lawaan Talisay City, Cebu, Philippines 6045 if by conventional
mail. Notices to you may be sent to the address supplied by you as
part of your Registration Data. In addition, we may broadcast
notices or messages through the site to inform you of changes to
the site or other matters of importance, and such broadcasts shall
constitute notice to you at the time of sending.
18. Entire Agreement
These terms and conditions constitute the entire agreement and
understanding between us concerning the subject matter of this
agreement and supersedes all prior agreements and understandings of
the parties with respect to that subject matter. These Terms of Use
may not be altered, supplemented, or amended by the use of any
other document(s). Any attempt to alter, supplement or amend this
document or to enter an order for products or services which are
subject to additional or altered terms and conditions shall be null
and void, unless otherwise agreed to in a written agreement signed
by you and us. To the extent that anything in or associated with
this site is in conflict or inconsistent with these Terms of Use,
these Terms of Use shall take precedence.
19. Miscellaneous
In any action to enforce these Terms of Use, the prevailing
party will be entitled to costs and attorneys' fees. Any cause of
action brought by you against us or our Affiliates must be
instituted with one year after the cause of action arises or be
deemed forever waived and barred.
You may not assign your rights and obligations under these Terms
of Use to any party, and any purported attempt to do so will be
null and void. We may free assign our rights and obligations under
these Terms of Use.
You agree not to sell, resell, reproduce, duplicate, copy or use
for any commercial purposes any portion of this site, or use of or
access to this site.
In addition to any excuse provided by applicable law, we shall
be excused from liability for non-delivery or delay in delivery of
products and services available through our site arising from any
event beyond our reasonable control, whether or not foreseeable by
either party, including but not limited to, labor disturbance, war,
fire, accident, adverse weather, inability to secure
transportation, governmental act or regulation, and other causes or
events beyond our reasonable control, whether or not similar to
those which are enumerated above.
If any part of these Terms of Use is held invalid or
unenforceable, that portion shall be construed in a manner
consistent with applicable law to reflect, as nearly as possible,
the original intentions of the parties, and the remaining portions
shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of these
Terms of Use or related rights shall not constitute a waiver of
that right or provision.
20. Contact Information
Except as explicitly noted on this site, the services available
through this site are offered by goFarü, an Incorporated, located
at T.G. Camella Homes Ph. 2 Blk. 19 Lot 26-27 Lawaan Talisay City,
Cebu, Philippines 6045. Our telephone number is 63.32.273.6331. If
you notice that any user is violating these Terms of Use, please
contact us at contact@edufaru.com.
Terms and Conditions of Sale
1. Sale and Purchase of Goods
goFarü ("Seller") hereby agrees to sell, and You ("Buyer")
hereby agree to purchase, goods of the description and quantity
described on the checkout window ("Checkout") and incorporated
herein by this reference ("Goods") on the terms and conditions set
forth in this Agreement.
2. Purchase Price
Buyer agrees to pay the Purchase Price of the Goods as posted on
this website attached hereto.
3. Payment Terms
The total amount of the Purchase Price shall be payable in full
by Buyer according to the payment due date stated at Checkout. Any
portion of the Purchase Price unpaid past thirty (30) days shall be
considered overdue. All amounts past due are subject to a late
charge of the lesser of one and one-half percent (1 1/2%) per month
(being eighteen percent (18%) per annum) or the highest lawful
rate. In addition, Seller shall have the right to pursue any
remedies available at law or as provided herein and shall be
entitled to reimbursement from Buyer for Seller's costs of
collection, including attorney fees, legal fees and costs and
disbursements.
4. Delivery
Unless otherwise agreed in writing, delivery shall be made in
accordance with Seller's shipping policy in effect on the date of
shipment. Delivery dates provided by Seller are estimates only.
Seller will make reasonable efforts to deliver in accordance with
such dates; however, Seller will not be liable for failure to
deliver as estimated. Unless otherwise agreed in writing by Seller,
Goods shall be packaged according to Seller's standards and
practices.
5. Limited Warranty
Seller supplies as its sole warranty the following:
Services purchased from this website can be cancelled at any
time. Please review our policy regarding refunds for further
information. 1. In the event of a cancellation prior to the
beginning of a service, payments are refunded in full, less a $250
cancellation fee. 2. In the event of a cancellations during the
service, payments are refunded in full, less a prorated daily
charge (for time stayed), and a 25% late cancellation fee.
6. Disclaimer of Warranty/Limitation of
Liability
Seller undertakes no responsibility for the quality of the Goods
or that the Goods will be fit for any particular purpose for which
Buyer may be buying the Goods, except as otherwise provided in this
Agreement, and Seller disclaims all other warranties and
conditions, express or implied.
SELLER (INCLUDING ITS SUBSIDIARIES, AFFILIATES, OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS OR SUBCONTRACTORS, ALL OF WHICH ARE
REFERRED TO HEREIN COLLECTIVELY AS THE "SELLER AFFILIATES") SHALL
NOT BE LIABLE UNDER ANY CIRCUMSTANCE TO BUYER OR ANY OTHER PARTY
FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE GOODS OR OTHERWISE,
INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF THE
GOODS OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF
SUBSTITUTE OR REPLACEMENT EQUIPMENT, FACILITIES OR SERVICES, DOWN
TIME, BUYER'S TIME, LOST DATA, INJURY TO PROPERTY OR ANY DAMAGES OR
SUMS PAID BY BUYER TO THIRD PARTIES, EVEN IF SELLER OR ANY OF THE
SELLER AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER
ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY,
NEGLIGENCE, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES
OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR
EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR
OTHERWISE.
IN NO EVENT SHALL SELLER OR ANY SELLER AFFILIATE BE LIABLE TO
BUYER OR ANY OTHER PARTY FOR LOSS, DAMAGE, OR INJURY OF ANY KIND OR
NATURE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND
CONDITIONS IN EXCESS OF THE NET PURCHASE PRICE OF THE GOODS
ACTUALLY DELIVERED TO AND PAID FOR BY BUYER HEREUNDER.
SELLER DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT WITH RESPECT
TO THE GOODS AND NONE OF SELLER OR ANY SELLER AFFILIATE SHALL HAVE
ANY DUTY TO DEFEND, INDEMNIFY, OR HOLD HARMLESS BUYER FROM AND
AGAINST ANY OR ALL DAMAGES OR COSTS INCURRED BY BUYER ARISING FROM
THE INFRINGEMENT OF PATENTS OR TRADEMARKS OR VIOLATION OF
COPYRIGHTS BY ANY OF THE GOODS.
7. Force Majeure
Seller shall not be held responsible for any failure of
performance to make timely delivery of all or any part of the Goods
in the event such failure was due, in whole or in part, to federal,
provincial or municipal action, statute, ordinance or regulation,
strike or other labor trouble, fire or other damage to or
destruction of, in whole or in part, the Goods or the manufacturing
facility for the Goods, the lack of or inability to obtain raw
materials, labor, fuel, electrical power, water or supplies, or any
other cause, act of God, contingency or circumstances not subject
to the reasonable control of Seller, which causes delays or hinders
the manufacture or delivery of Goods. Seller shall determine in
good faith the extent to which it can reasonably control a cause,
contingency, or circumstance that affects the performance of its
obligations.
8. General
Buyer may not assign this Agreement without Seller's written
consent. Seller is the sole intended beneficiary of this Agreement.
If there is any inconsistency between this Agreement and any other
agreement included with or relating to the Goods, this Agreement
shall govern. This Agreement may not be modified, altered or
amended without the written agreement of Seller. Any additional or
altered terms attached to any order submitted by Buyer shall be
null and void, unless expressly agreed to in writing by Seller. If
any term of this Agreement is illegal or unenforceable, the
legality and enforceability of the remaining provisions shall not
be affected or impaired. This Agreement shall be interpreted under
the laws of the State of Virginia, without giving effect to
conflicts-of-law rules; and in the event of a dispute under this
Agreement; Buyer submits to the exclusive jurisdiction and venue of
the courts of the Commonwealth of Virginia and hereby waives any
objection to such jurisdiction and venue
Blog and Message Board Terms of Use
goFarü ("We" or "Us" or "Our") offers the use of its blogging
and message board services (along with the content posted thereon,
the "Services") subject to the terms and conditions of use (the
"Terms") contained herein. All references herein to "We," "Us," or
"Our" are intended to include goFarü and any other affiliated
companies. By accessing, creating or contributing to any blogs or
messages hosted by us (the "Blog"), and in consideration for the
Services we provide to you, you agree to abide by these Terms.
Please read them carefully before posting to or creating any Blog.
We reserve the right to change, at any time, at our sole
discretion, the Terms under which these Services are offered. You
are responsible for regularly reviewing these Terms for changes.
Your continued use of the Services constitutes your acceptance of
all such Terms. If you do not agree with these Terms, please do not
use the Services.
1. Disclaimer of Company Responsibility for Blog
Content
You understand that all content posted to the Blog (the
"Content") is the sole responsibility of the individual who
originally posted the content. You understand, also, that all
opinions expressed by users of this site are expressed strictly in
their individual capacities, and not as Our representatives or any
of Our sponsors or partners. The opinions that you or others post
in the Blog do not necessarily reflect Our opinions.
2. Posting
(a) By posting your Content using the Services, you are granting
an unrestricted, irrevocable, non-exclusive, royalty-free,
perpetual, worldwide, and fully transferable, assignable, and
sublicensable right and license to use, copy, reproduce, modify,
adapt, publish, translate, create collective or derivative works
from, distribute, perform and display your Content in whole or in
part and to incorporate it in other works in any form, media, or
technology now known or later developed. You further warrant that
all so-called moral rights in the content have been waived.
(b) By posting content to the Blog, you warrant and represent
that you either own or otherwise control all of the rights to that
content, including, without limitation, all the rights necessary
for you to provide, post, upload, input or submit the content, or
that your use of the content is a protected fair use. You agree
that you will not knowingly provide material and misleading false
information. You represent and warrant also that the content you
supply does not violate these Terms. It is your sole responsibility
to ensure that your postings do not disclose confidential and/or
proprietary information, including personal financial information,
information covered by a nondisclosure agreement, and information
that you are not authorized to disclose. We caution you not to
disclose personal information about yourself or your children, such
as social security numbers, credit card numbers, etc.
(c) You agree to indemnify and hold Us and Our affiliated
companies, and their directors, officers and employees, harmless
for any and all claims or demands, including reasonable attorney
fees, that arise from or otherwise relate to your use of the Blog,
any content you supply to the Blog, or your violation of these
Terms or the rights of another.
3. Accessing
(a) You agree that We will not be liable, under any
circumstances and in any way, for any errors or omissions, loss or
damage of any kind incurred as a result of use of any content
posted on this site. You agree that you must evaluate and bear all
risks associated with the use of any content, including any
reliance on the accuracy, completeness, or usefulness of such
content. You agree not to collect information about others,
including e-mail addresses, or to use information obtained from the
Services to send other users unsolicited e-mail of any kind.
(b) The Blog is provided for informational purposes only; we
shall not be responsible or liable for the accuracy or availability
of any information appearing or available on the Blog.
(c) Blog postings may provide links to other websites on the
Internet. We are not responsible or liable for such content and we
make no express or implied warranty about the accuracy, copyright
compliance, legality, merchantability, or any other aspect of the
content of such postings. We are not responsible or liable for any
advertising, products, or other materials on or available from such
websites or resources. The inclusion of links does not imply
endorsement of the Websites by Us or any association with their
operators.
(d) We may enable you to establish an account with a username
and password to access and use the Services. If so, you are
responsible for maintaining the strict confidentiality of your
password, and you are responsible for any activity occurring
through use of your account and password. You agree to immediately
notify us of any unauthorized use of your password or account or
any other breach of security and ensure that you exit from your
account at the end of each session. We are not responsible or
liable for any loss or damage arising from your failure to comply
with this provision.
4. Children
Collecting personal information from children under the age of
18 ("minor children") through the Services or the Blog is
prohibited. No Content should be directed toward minor children.
Minor children are not eligible to use the site, and we ask that
they do not submit any personal information to us.
5. Privacy Policy
Please be sure to read our Privacy Policy, which is available at
this website and incorporated herein by reference.
6. Unauthorized Use of Materials
See Website Terms of Use
7. Termination of Access/Removal of Content
We shall have the right in Our sole discretion to terminate your
access to and use of the Services and/or remove any of your Content
should We consider your statements or conduct to be inaccurate,
illegal, obscene, defamatory, threatening, infringing of
intellectual property rights, invasive of privacy, injurious,
objectionable, or otherwise in violation of these Terms or
applicable law.
8. Disclaimer of Warranties
See Website Terms of Use
9. Limitation of Liability
See Website Terms of Use
10. Acceptance and Acknowledgement of Terms
Use of this website constitutes acceptance of these Terms. You
acknowledge that you have read and are bound by the Terms, as well
as any other usage agreements of Ours, including the Website Terms
of Use that may govern your conduct. Thank you for participating in
the Blog. Please do not hesitate to contact us at
contact@edufaru.com if you have questions.